Court claim from hoist re old cahoot flexi loan

[Madisonmel]

Hi, I'm new just wondering if someone can advise if sending a CPR letter is the best way forward in constructing a defence against this county court claim?

[nemesis45]

Re: Court claim from hoist re old cahoot flexi loan

Hi welcome to LB
We will need a little more information to be able to advise fully.
CPR 31.14 is for documents actually mentioned in the Particulars of Claim (POC). to solicitors for the claimant.
CCA Request for a copy of the agreement goes to the claimant directly.

Who is the claimant?
How much is the deb?
When was the account opened?
When was it defaulted?

Does the account show on your credit reference files?

nem

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

The claim states:

The claim is for 15,000 in respect of monies owing pursuant to the consumer credit act 1974 (coca) under account xxxxxxx. The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default has been served upon the defendant pursuant to section 81(1) coca. The claimant claims 1. The sum of £12000, 2. Interest Persians to s69 of the count court act1984 at a rate of 8%from 20th jan 2015 to the date hereof 13 days is the sum of £43.90. 3. Daily interest at the rate of £3.38. 4. Costs.

the claimant is Hoist portfolio holding 2 limited.
the account opened 2002, defaulted according to credit file on 11.04.11.

shown on credit file from dec 14.

[nemesis45]

Re: Court claim from hoist re old cahoot flexi loan

When was the last payment or written acknowledgment made>
In view of the sloppy paperwork on some Satans Bank products A CCA request to Hoist asap, £1 statutory fee payable, Hoist have 12 + 2 working days to comply, (use a cheque or Postal Order endorsed " For Statutory Fee Only for the fee.)

Is the claim for 15K or 12K?


nem
CPR 31,14 goes to the solicitor if there is one.

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

When was the last payment or written acknowledgment made> As far as I can tell last payment July 2009
In view of the sloppy paperwork on some Satans Bank products A CCA request to Hoist asap, £1 statutory fee payable, Hoist have 12 + 2 working days to comply, (use a cheque or Postal Order endorsed " For Statutory Fee Only for the fee.)

Is the claim for 15K or 12K?
Claim is of 15k

nem
CPR 31,14 goes to the solicitor if there is one.

Thanks solicitor is Howard CohenCohen

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

I have been chased by numerous debt agencies and solicitors but this one has decided to try courts which because I don't owe the money is futile and annoying.

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

Sorry to ask another question but why would I send cca letter to hoist when I would be requesting same from solicitor acting for hoist?

[nemesis45]

Re: Court claim from hoist re old cahoot flexi loan

Please be very careful this time you could easily end up with a judgement by default!

nem

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

Please be very careful this time you could easily end up with a judgement by default!

nem

Thanks, I know I have to send form N9CPC, and the CPR letter and the form for an extension to 28 days does that cover the start of this ok or is there something else I should be doing please?

[nemesis45]

Re: Court claim from hoist re old cahoot flexi loan

CCA request to Hoist.
Some history of the alleged debt will help to get you the proper advice.


nem

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

Thanks, decided to get my solicitor involved so I don't end up with CCJ by default.

[gonewiththewind]

Re: Court claim from hoist re old cahoot flexi loan

Hoist Portfolio is a company registered outside England and Wales, in Jersey. Does this fact affect the claim in any way? Can one counter claim against a non resident company or enforce an order for costs?

[Madisonmel]

Re: Court claim from hoist re old cahoot flexi loan

Hoist Portfolio is a company registered outside England and Wales, in Jersey. Does this fact affect the claim in any way? Can one counter claim against a non resident company or enforce an order for costs?

Just a quick update, been to solicitor today he advised how to write defence and checked over my evidence, I'll update with any replies I get.